Any mechanism existing on the planet operates according to a strict system that has been developed for years or even centuries. In this case, “mechanism” means any combination of elements that have internal dynamics. A similar mechanism can be called a state. This peculiar political and legal structure is developing, living, falling into decay, regulating internal processes, producing the same processes, interacting with other structures. Thus, the state is a mechanism, even in a completely unusual form.
For a state to function, a certain system must exist. In the case of a political and legal structure, there is nothing better than law. This regulator of public relations can direct the activities of the state in the right direction, but this requires a special, legal regime, which has the common name - "legality". The concept, principles, content of this specific legal category will be considered in the article.
History of the concept
Ever since the existence of the Sumerian civilization, people have realized the fact that stability in the state can be achieved only by creating general rules that would direct any kind of social relations in the right direction. In the search process, ancient lawyers realized that it was best to use some of the norms of customs.
If they are legalized, then with the help of such norms it is possible not only to govern the state, but also to develop it. This is how the “Laws of King Hammurabi” appeared, during the reign of which a monolith was created with a detailed statement of all the laws of ancient Mesopotamia.
Nevertheless, in order for laws to be respected by citizens of a given state, a special legal regime is needed, with the help of which a similar implementation of the rule of law can be implemented.
Law Institute
Legality is a specific principle of national laws in a particular state, however, there are other explanations for this concept. The content of the principle of legality is that the state, in the person of executive, legislative and judicial authorities, functions on the basis of laws and by-laws. Moreover, legal norms are perceived as the main regulator, a postulate of the activity of all elements of the state. In this case, the power uses the principle of legality in its ubiquitous activity, in other words, the principle of legality is implemented. But some scholars view legality in a completely different plane. They believe that this is not just a principle, but a legal regime.
Legality as a regime
One must be aware of the fact that the regime differs from the principle in many ways. First, the regime is a broader concept than the principle. Secondly, the state is in a state of regime, while it uses the principle during the implementation of certain activities. If we consider the concept in the form of a regime, then we can single out the basic principles of legality that affect the activities and implementation of this legal structure in everyday life. It should also be noted the role of citizens in the theory of the rule of law. It is they who have the duty to maintain a state atmosphere within the framework of legality. In almost any country in the world, regardless of the form of government or territorial location, the rule of law operates to one degree or another.It must be remembered that the rule of law must be maintained, therefore, there are basic principles and guarantees for the implementation of this special legal institution.
Principles of the rule of law
With the development of theoretical and legal sciences, knowledge was collected in the field of organization of state activity. The work of many scientists in the study of the rule of law brought special, invaluable results. Using all the facts gathered, it was possible to identify the most rational principles of the rule of law. It should be noted that the principles of legality are fundamental “levers” due to which this legal structure is in constant dynamics. Each principle of legality expresses a certain path for the further development of the regime. The following principles of legality exist:
- The dominant role of the law. The presented principle of legality is the key. It not only determines the hierarchy of the system of regulatory legal acts of the state, but also ensures the predominant role of law as the main regulator of public relations. In other words, the state acts within the framework prescribed by laws, without deviating from them.
- The unity of the law means that the legal climate is indivisible throughout the state, even if the country is a federation.
- Generally binding. Legality applies to all persons who are in the state. Thus, everyone must adhere to strictly defined rules.
- Legality is advisable. The principle of legality implies the progressive role of the regime. It fully contributes to the development of society and political relations in it.
- No one person has priorities compared to other citizens. The rights and obligations of all people living under the rule of law are the same.
- The rule of law guarantees the protection of rights and fundamental freedoms.
- The inevitability of punishment guarantees the onset of mandatory conviction by the state for committed offenses.
It should be understood that the rule of law, the concept and principles of which were given above, was born in the process of a detailed study of this phenomenon. Many scientists disagree on all the features of this regime.
The principle of the rule of law
We have previously indicated that in the process of their activities, some bodies can use the rule of law as a principle of functioning. This means that absolutely all bodies should regulate their activities exclusively by regulatory legal acts and nothing more. It is best to consider the operation of the principle of legality as an example of the justice system. This branch of state bodies is highlighted separately in order to protect the influence of the authorities on the justice system in the country.
The constitutions of the USA, Russia, and Ukraine spell out the principle of the rule of law. It manifests itself in the fact that justice is administered only by courts, the activities of which are regulated by the state. Lynching or a court of executive authorities is not allowed. If the principle of the legality of justice is functioning, then the state will not have an advantage, for example, of the executive branch, and citizens will be able to defend their rights and freedoms in state judicial bodies.
Legality guarantees
The principles and guarantees of legality are largely similar to each other. The difference can only be seen in the final result of these two legal categories. If the principles are fundamental to the initial provisions of the rule of law regime, then guarantees are a combination of objective and subjective factors due to which law is ensured in the state. Warranties can be divided into several types, each of which has a different source of occurrence. There are two main types: general guarantees and special ones.
The generals proceed from the ubiquitous life of people and are based on the activities of the economic, political, spiritual and social systems. If in each category there will be freedom of action based on the national state, respect for the legal system, deep public understanding of the negativity of the violation of the law by the public, then the regime will function properly.
Special Warranties
Special guarantees of legality are legal and organizational means intended only to ensure the implementation of the principle of legality. The following types of special guarantees are distinguished:
- Legal In fact, this is the legislative regulation of the bodies. That is, the guarantee is that the state will implement its activities in the allotted framework, which will not create restrictions on the activities of the rule of law.
- Interdepartmental and interdepartmental control allows one authorities to monitor the activities of others. Thus, there is a coordination of the state in the middle of its government.
- An important role is assigned to judicial control. In each state, it is carried out in the person of various bodies, but in general their tasks are similar. Judicial control needed in order to monitor the maintenance of law during the creation of legal acts by the legislative bodies of the state.
The idea of the rule of law
Some scholars identify specific structures that, in their opinion, can be called "forms of legality." Such forms are a set of principles and guarantees through which the rule of law exists in the state. Allocation of this or that form occurs due to the combination of similar principles and some guarantees. To date, the following main forms of legality are distinguished:
- implementation of legislation;
- impeccable supremacy of the fundamental law;
- compliance with all laws;
- protection of human rights and freedoms by the state.
Conclusion
So, in the article we examined such a specific regime as legality. The concept and principles of its activities can be included in special forms. The main objective of the regime is to ensure stable, based on the right of the state activities in the person of its main bodies.